K SHIVASHANKAR Vs. UNIVERSITY OF MYSORE
LAWS(KAR)-1969-12-20
HIGH COURT OF KARNATAKA
Decided on December 15,1969

K.SHIVASHANKAR Appellant
VERSUS
UNIVERSITY OF MYSORE Respondents


Referred Judgements :-

D.R.NIM V. UNION OF INDIA [DISTINGUISHED]
G.ANIL KUMAR V. STATE OF MYSORE [REFERRED TO]
D.P.JOSHI V. STATE OF MADHYA BHARATH [REFERRED TO]
BALABHAU MANAJI V. BAPUJI SATWAJI [DISTINGUISHED]


JUDGEMENT

CHANDRASHEKHAR, J. - (1.)The petitioners were applicants for admission to Medical Colleges in Mysore State. They were not selected for admission. The principal ground for not selecting them, was that they did not satisfy the requirement of residence in Mysore State for not less than 10 years. In these petitions, their grievance is about their non-selection. By its order dated 17-7-1969, the Government of Mysore framed Rules for selection of candidates for admission to the MBBS. Degree Course in the four Government Medical Colleges and for certain seats in the four private Medical Colleges. These Rules shall hereinafter be referred to as the Rules.
(2.)Rule 2 of these Rules deals with eligibility for admission. The main part of sub-rule (3) of Rule 2 reads: (3) Domicile, etc.-No person who is not a citizen of India and who is not domiciled and resident in the State of Mysore for not less than ten years at any time prior to the date of the application for a seat, shall be eligible to apply: The provisio to this sub-rule states that the above requirements shall not apply to certain categories of applicants in whose favour reservation of seats is provided under Rule 4, and in the case of children of Centra Government employees serving on duty in the State at the time of making the application.
(3.)Rule 10 sets out the procedure lor selection of applicants for admission to Medical Colleges. Sub-rule(4) of this Rule provides that the Selection Committee shall call the applicants for interview for verifying the particulars furnished by them or to obtain any clarification which the Selection Committee may need For this purpose the Selection Committee has been empowered to make such enquiry as it deems fit. The proviso to this sub-rule states that no application shall be rejected except after giving the applicant an opportunity of being heard.
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